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To: newzjunkey
A three-judge panel of the Fourth Appellate District (San Diego area) including Patricia D. Benke and Judith L. Haller and Terry O'Rourke (not on the '06 ballot) ruled San Diego Superior Court Judge Kevin A. Enright properly imposed sanctions in the form of attorney's fees.

The sanctions were against United States Justice Foundation for filing an allegedly frivolous motion to dismiss a lawsuit brought by James McElroy on behalf of Planned Parenthood of San Diego and Riverside Counties. Enright, the judge in the case, "later said he regretted his decision, but the appeals-court judges were unswayed by that fact..."

In the suit, Planned Parenthood of San Diego and Riverside Counties sought an injunction against a pro-life protester for allegedly harassing employees and customers of a San Diego-area clinic. Freepers may recognize attorney McElroy as the atheist's attorney from the Mt. Soledad War Memorial legal battle.

WorldNetDaily coverage of the Planned Parenthood case

4 posted on 10/13/2006 7:46:54 AM PDT by newzjunkey (Support Arnold-McClintock or embrace high taxes, gay weddings with Angelides.)
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To: newzjunkey
Richard D. Huffman of the Fourth Appellate District (San Diego area) offered a decenting opinion in DiBona v. Matthews. The Court of Appeal ruled that San Diego community college officials violated the First Amendment by banning the production of a play entitled "Split Second" by a drama class in San Diego's Educational Cultural Complex.

Huffman argued that the Hazelwood principle should apply at the college level, giving administrators virtually complete control over the content of student productions that are related to the curriculum. Huffman wrote:

"The majority unfortunately has snatched that authority (to control the curriculum) from (administrators') hands and given it over to individual faculty... and students. All of this is done in pursuit of academic freedom. Respectfully, the majority opinion will permit in matters of curriculum content the faculty tail to wag the administration dog. In my view, this sets a bad policy which I hope will not long endure." Morror Bay Law Presentation

5 posted on 10/13/2006 7:52:39 AM PDT by newzjunkey (Support Arnold-McClintock or embrace high taxes, gay weddings with Angelides.)
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